Nairobi County deputy governor nominee Ann Mwenda will know her fate concerning the legality of her nomination before the end of this month.
This comes after her vetting by Nairobi MCAs was pushed to next month to give room for the resolution of questions regarding the legality of her nomination into the position.
LEGALITY
On Wednesday, Nairobi County Assembly Speaker Beatrice Elachi said they expect to get a response in two weeks’ time from the Supreme Court over an advisory they had requested in regards to the legality of the nomination done by Governor Mike Sonko.
“We are expecting to get the advisory opinion by the end of this either week or by next week. This situation is unique, hence it is important that we wait for the way forward,” said Ms Elachi.
Ms Mwenda was nominated on January 6, 2020 in order to ensure stability at the county government informed by the complexity of the situation City Hall finds itself after Sonko’s arraignment in court.
This was after the City Hall boss had been barred from office by the courts last year December until the determination of the graft case facing him.
It is in light of this that Director of Public Prosecutions (DPP) Noordin Haji dismissed the nomination terming it illegal and against bail terms which barred him from executing his duty as a governor until the determination of the corruption case facing him.
But the Speaker has pointed out that the opinion from the Supreme Court will give direction and determine what happens next considering a lacuna in the law on what is currently facing Nairobi.
Ms Elachi said that although the apex court had given an advisory on nomination of a deputy governor in March last year, she is not sure if the same can apply given the unique state of Nairobi County, where the nomination was done by a governor barred from office.
VETTING
“There is no point in introducing a nominee’s name, we debate and pass it then later we are caught up on the wrong side of the law. The Constitution does not indicate what needs to be done when a county faces a crisis such as the one Nairobi is facing,” Elachi said.
Once the Assembly receives the advisory, it will then proceed to debate the nomination of the Disaster Management Chief Officer and can choose to either approve or reject her.
The assembly has been on the long recess since December 11, 2019 and will resume its sittings next month on February 11, 2020.
Last week, Speaker Elachi said she will not make any pronouncement on the nominee until she gets direction from the Jubilee Party and that any possible vetting will await advisory from the Supreme Court or the Attorney General on the legality of the said nomination.
She, however, stated that they have written to the Supreme Court to advise the assembly on the way forward.
“We have requested institutions that interpret laws to advise us and we are waiting the Supreme Court to come back to us on the same. After that we will now be able to answer the question on the legality of the nomination in a proper way,” she said.
Even during a Special Sitting on Thursday last week, Ms Elachi warned members to steer clear from any debates regarding Ms Mwenda until after the assembly comes back from recess.
